Legislature(1993 - 1994)
02/22/1994 08:00 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
Number 529
LAURA GLAISER, STAFF PERSON, DIVISION OF ELECTIONS, offered
suggestions to SSHB 346. She said the policies stated by
Mr. Chenoweth are all in compliance with SB 303, drafted by
her office. Representatives from the Federal Election
Commission and the Department of Justice (DOJ) worked with
her to draft a bill which arrived at the Department of Law
in September or October, and was submitted as SB 303. She
said, in drafting the bill, waivers and exemptions were not
seen. When the permanent fund dividend application process
was illustrated to representatives from the DOJ, they could
only reply "we won't tell you what you can do to be in
compliance, we'll just sue you when you aren't." Ms.
Glaiser stated the DOJ will not review a state's bills first
to see if they are even near compliance. The DOJ is going
to wait until Alaska is challenged and then force the state
to make the changes. SB 303 is an attempt to make the most
minimum changes to Alaska's laws. She asked if (they) cared
if SB 303 affected voter turnout, believing registering
additional people will not help, if they do not go to the
polls to vote. The Federal Election Commission told Ms.
Glaiser they were not concerned with voter turnout. She
noted she had been working with Representative Ulmer on HB
346 and pointed out there had been changes to suit their
concerns in SSHB 346.
MS. GLAISER was concerned about Section 5 of SSHB 346,
requiring witnessing of a by-mail voter registration
application, because Section 93 of the Federal Act states
that no requirement can be made for notarization or other
formally authentication may be included. SB 303 has removed
witnessing from all of the forms. She relayed that other
states are similarly blending these changes into their state
laws, even though the federal act primarily relates to
federal elections. To set up a separate program for only
federal elections would be nearly impossible to do.
(REPRESENTATIVE SANDERS returned to the meeting at 8:38
a.m.)
Number 569
CHAIR VEZEY asked if SB 303 passed, the state would no
longer allow two persons to witness a voter registration,
and make it harder to register to vote.
Number 572
REPRESENTATIVE OLBERG clarified SB 303 requires no witnesses
to register to vote, the "Chicago provision."
Number 574
CHAIR VEZEY responded any person could fill out a form, sign
it, and they are registered.
Number 575
MS. GLAISER explained the provision related to by-mail voter
registration and by-mail voting. She saw a conflict between
requiring those who apply in person to be witnessed and not
requiring witnessing from those who apply by mail.
Number 581
CHAIR VEZEY believed the current mail-in form requires the
signature of two citizens of the state of Alaska.
Number 582
MS. GLAISER replied yes.
Number 584
REPRESENTATIVE ULMER clarified signatures are required at
present, and also in SSHB 346. She pointed out SSHB 346 has
eliminated the requirement of a notary. She felt the
requirement to notarize was the provision in conflict with
federal law, and asked Ms. Glaiser if it was her
understanding that the interpretation is that the federal
law requires no witnessing requirements for registration by
mail.
Number 590
CHAIR VEZEY was not aware of anywhere in voter registration
or voting where a notary signature is required.
Number 592
MS. GLAISER stated a notary is required by existing law.
Number 596
REPRESENTATIVE ULMER referenced page 3, Section 5, of the
existing law AS 15.07.070(b), regarding the notary public.
SSHB 346 would remove this. Page 3, line 17-22, of the
existing law can be read with regard to what notarization is
required.
Number 600
MS. GLAISER noted the exact language of the law had been,
and is suggested to be removed in SSHB 346 as well as SB
303. "The form shall be executed before notary public, a
commissioned officer of the armed forces including the
national guard, a district judge or magistrate, a United
States Postal Official, or other person qualified to
administer oath. If none of the officials listed in this
subsection is reasonably accessible, the person shall have
the form witnessed by two persons over the age of 18 years."
CHAIR VEZEY clarified a notary is a public official who can
register an individual to vote.
MS. GLAISER said yes.
Number 607
CHAIR VEZEY asked why the notary requirement should be taken
out; thereby, narrowing the number of public officials who
can register individuals to vote
Number 609
MS. GLAISER responded with the federal mandate, it is
believed the removal of all the stipulations will make it
easier for a person to vote. When the Federal Elections
Commission was asked whether witnessing was formal
authentication, they replied yes.
Number 613
CHAIR VEZEY commented the federal government seemed to be
advocating the election process be opened up to election
fraud. The current form at least gives some independent
verification that the information is true. He gave an
example of fraud, which used to take place years ago in
Chicago, where names from the cemetery were used to register
voters. He felt the results of SSHB 346 would be ludicrous.
Number 618
MS. GLAISER shared Chair Vezey's concerns. She stated when
she met with the federal government, it was very frustrating
to her because their legislators who worked on this Act were
not present at any of the meetings. She could not find any
other response for Alaska to get into compliance.
Number 627
CHAIR VEZEY felt opening up the elections and inviting voter
fraud would not be a "feather in the cap of democracy."
Voter fraud has been a serious problem in the United States.
He stated the legality of John F. Kennedy's presidential
election as an example.
MS. GLAISER replied she has read extensively on voter fraud;
however, Alaska must work within the federal mandate. The
federal government argued is "it is just as easy to have two
fraudulent witnesses as it is to commit fraud on your own."
Individuals do still have to sign a disclaimer that the
information given is true, and it is a misdemeanor if it is
falsified.
Number 639
CHAIR VEZEY commented an individual could, in the meantime,
vote ten times under false names.
Number 640
MS. GLAISER replied only once.
Number 642
CHAIR VEZEY stated people can be very clever and there are
records of dead people voting in the United States.
Number 644
MS. GLAISER believed Chair Vezey's concerns had been voiced
in Congress and "this is what's resulted."
Number 646
REPRESENTATIVE OLBERG stated at the Oil Spill Trustees
meeting, there is never a written legal opinion when they
discuss a proposal. Something is proposed, passed on to the
Justice Department, and the Justice Department says they do
not like it. When the Oil Spill Trustees ask the DOJ if
they want to put their disagreement in writing, they reply,
"no we would not." If the DOJ did submit a written
disagreement, Representative Olberg stated, the court would
probably find the statement illegal. He felt Ms. Glaiser
may have had a similar type of conversation with the DOJ.
Number 655
CHAIR VEZEY said if this scenario troubled Representative
Olberg, he should note there has been about a 25 percent
increase in the number of federal attorneys within the last
year or two.
Number 658
REPRESENTATIVE KOTT felt the objective of the federal
mandate is to get people registered, even if they do not
want to respond and vote. He could not understand why the
federal mandate was introduced as it is. Representative
Kott expressed concern over the purging of records, and
wondered if the records would swell tremendously. What
would the Division of Elections do to minimize the overload
and keep track of those moving around and out of the state.
MS. GLAISER replied she had similar concerns. Alaska is
fortunate to have a computerized voting system, other states
are in a much worse position in trying to adapt. The
Division of Elections has a computerized registration list,
which will be the master copy to suit the federal mandate.
The district printouts will be in order because Alaska has
questioned and absentee ballots, a form of "fail safe
voting" in federal terms. The concern of the federal
mandate is federal elections. No one in Alaska will have
their rights abridged by the current process of purging
individuals from the voting system. The lack of voting
cannot be the only reason a person is purged, a notice must
be sent.
TAPE 94-18, SIDE B
Number 000
MS. GLAISER said the voters will have the opportunity to
vote honestly and fairly with the questioned ballot system.
If a person votes on a questioned ballot, he/she will
automatically be put back on the master list. Signing a
petition, after not voting for two-four years, will
automatically move a person back on to the precinct and
district lists. The federal mandate has helped the Division
of Elections open up the voting system and make it better
and more accessible to Alaskans.
Number 015
REPRESENTATIVE KOTT clarified the lists will be clear and
expressed his current lists have three or four families
assigned to the same household. Because the current problem
may compound by two-fold, Representative Kott felt the lists
would not be very clear.
Number 033
MS. GLAISER responded the Division of Elections is doing the
best they can to work with the voter registration cards. It
is the person's responsibility to keep the cards clear and
the Division makes the changes as soon as they are
available. The simultaneous registration through motor
vehicles, provided by the motor voter law, will enhance the
records.
Number 049
REPRESENTATIVE OLBERG asked if every seasonal employee who
comes to Alaska and accesses any of these services is going
to be or may be registered to vote.
Number 058
MS. GLAISER answered as long they meet the requirements for
voter registration, they will be registered. Individuals
who are trying to receive permanent fund dividends are
already registering to vote and will probably continue to do
so. SSHB 346 and SB 303 do not include provisions to block
this kind of registration. The Division of Elections is
open to suggestions.
Number 073
REPRESENTATIVE ULMER asked for the other two suggestions Ms.
Glasier had mentioned, as the committee had only heard one.
Number 077
LAURA GLAISER stated Section 10 of SSHB 346, considers those
people working within state agencies, which have been
declared voter registration agencies, to be considered
registrars. Therefore, requiring training and possible
testing and evaluation by the Division of Elections. She
stated, in the research she has done with the Division of
Elections, in SB 303 the affected state agencies would be
considered voter registration agencies, but not registrars.
This is to give the agencies the freedom to perform their
registration tasks, without requiring the testing,
evaluation, and the record keeping by the Division of
Elections. As registrars, she said, they would just add to
the bureaucracy, and the testing and evaluation by the
Division of Elections will require a full-time employee to
manage it.
MS. GLAISER mentioned her concern with state agencies
assisting people in the voter registration application. She
suggested the use of a sheet that state agencies could hand
out which gives a written description of the different
parties. Each party could write a 50-word or less
description in their own words. This would avoid putting
the state employee in an awkward position when a person asks
a compromising question.
MS. GLAISER noted SSHB 346 fails to designate a chief
election official and Section 10 of the National Voter
Registration Act requires each state to designate a state
officer to be responsible for the coordination of this Act.
SB 303 names the director of the Division of Elections to do
this.
Number 139
REPRESENTATIVE ULMER returned to the registrars issue in
Section 10 of Federal Motor Voter Act. If the employee
assisting registration is not considered a registrar, but
should have some training, how important is it to designate
that employee as somebody else. She wanted to clarify if
Ms. Glaiser meant only one employee in the agency or more,
and if they would be properly trained.
Number 154
MS. GLAISER replied there would be a training seminar for
those employees within the agencies that would be providing
the voter assistance. If a trained employee left his/her
position, the responsibility would exist to train the
incumbent employee or have a yearly refresher training
seminar. The training for registrars currently takes about
15-20 minutes. Not naming the separate agencies as
registrars will prevent them from having to be tested and
evaluated.
Number 173
REPRESENTATIVE ULMER asked if the agency employees should be
specially designated as voting assistants, so they do get
the training and are different from other employees without
the training. The additional step up to registrar would not
be required.
Number 176
MS. GLAISER answered SB 303 did not name the employees
specifically. Through regulation, policy and procedure
between the agencies, they were going to be accepted as
those people who will be assisting filling out the forms.
She did not have a problem with naming them voting
assistants and then define it in SSHB 346. Her objective
was to avoid the added bureaucracy, cost, and record keeping
to the state.
Number 189
REPRESENTATIVE ULMER asked if registrars had to keep track
of how many people they register and send it in.
Number 191
MS. GLAISER responded the registrars system is kept
separately in a computer file. They are tested, can be
evaluated, are responsible to the director, and they are
appointed at the director's will. She noted this provision
is an agreement between the agency and the Division of
Elections to come into compliance with the federal act. The
agencies do not serve at the pleasure of the director, so as
not to come into conflict with certain agency rules.
Number 217
REPRESENTATIVE KOTT clarified that this is an unfunded
mandate from the federal government and there are no grant
monies available.
MS. GLAISER answered Representative Kott was correct.
Number 227
REPRESENTATIVE KOTT wondered what the percentage of
unregistered individuals in Alaska might be.
Number 231
MS. GLAISER replied she was not sure, but she guessed 67
percent were not registered. At the last general election,
82.9 percent of voters turned out to vote. She noted this
percentage of voting individuals was relayed to the Federal
Election Commission. The participation and voter
registration drives in Alaska are phenomenal, she thought.
Number 242
CHAIR VEZEY believed there are approximately 340,000
registered voters and a significantly high percentage of
voter registration in Alaska.
Number 252
REPRESENTATIVE KOTT asked Ms. Glaiser if 82.9 percent
applied to registered voters.
MS. GLAISER said Representative Kott was correct. The
Division of Elections is researching how much it would cost
to increase voter registration and at what percentage it
would increase. They do not know now. She explained that
if 85 percent are reached through motor vehicle
registration, every household is reached with permanent fund
dividend applications, and others reached through H&SS, the
registration process will overlap. The Division of
Elections would like to do the most at the least expense.
REPRESENTATIVE KOTT commented the cliental which will now be
registered generally do not vote. He noticed the conflict
in the objective to get people registered, but not to
ensure they actually vote. He felt the objective should be
the latter. Representative Kott asked what the status of SB
303 was.
MS. GLAISER answered SB 303 was in Senate State Affairs
Committee and will be heard next week.
Number 283
REPRESENTATIVE OLBERG inquired if there were any statistics
as to how many people actually registered with the
application included with the permanent fund dividend (PFD)
application.
MS. GLAISER replied the first year, there were a great deal
of errors with individuals filling out the form incomplete.
The form serves as a notification of a change of address,
more so than increasing voter registration. There is a low
percentage which affect increasing voter registration.
Number 297
REPRESENTATIVE OLBERG commented the state pays people a
dividend to register to vote and asked what more incentive
must there be. An individual acquires an address, driver's
license, and a voter registration when they first come to
Alaska to establish a residency date to get a dividend. He
noted Alaska is the only state which pays $900 a year to
register to vote and asked Ms. Glasier if that had been
suggested as a possible exemption.
MS. GLAISER affirmed Representative Olberg, and replied the
attorney she has dealt with has worked with Alaska on
reapportionment issues and he was very familiar with the
unique features Alaska has to offer. She said the
attorneys, with their knowledge, still could not answer or
confirm Alaska would be exempt with the PFD application.
She has been in several meetings to discuss challenging
solely on the basis of the PFD application, and no one felt
secure the state would win in court. Having the court
decide something much worse for the state was more of a
concern.
REPRESENTATIVE GARY DAVIS reiterated other states were given
waivers and wanted to know why they were.
Number 324
MS. GLAISER responded North Dakota was exempted because they
have no voter registration at all, and the other possibility
was if an individual could register simultaneously at the
poll when going to cast a vote. Congress' intent was to
make in as simple as possible.
REPRESENTATIVE G. DAVIS asked if both of those exemptions
were used in North Dakota.
CHAIR VEZEY clarified there were two states.
REPRESENTATIVE G. DAVIS understood.
REPRESENTATIVE OLBERG suggested the committee should
consider the options that Ms. Glaiser mentioned as
exemptions. At least an individual would have to physically
be there to vote.
Number 348
MS. GLAISER responded Alaska cannot go back and change our
current laws, it would have had to be in place when the
president signed the Federal Motor Voter Law.
Number 355
Hearing no more testimony, CHAIR VEZEY held SSHB 346 in
committee for further review. He called for a recess at
9:06 a.m. and noted HB 483 would be postponed by sponsor
request.
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